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Anthony v. Allstate Insurance Co.

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Argued December 13, 2001

In this case involving a motor vehicle collision between plaintiff Anthony and an unidentified uninsured motorist, the jury found the uninsured motorist negligent and further found that the negligence had caused Anthony injury. It nonetheless awarded Anthony no damages. We sustain that verdict as to two of the three components of Anthony’s claimed damages – lost wages and pain and suffering – but reverse and remand for a new trial on damages with respect to his medical treatment. Under our decisions, the refusal to award anything for proven medical expenses resulting from injury the jury found had been established yields that infrequent case where we must reverse, as an abuse of discretion, the trial court’s failure to grant a new trial.

I.

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